HOUSE OF REPRESENTATIVES	H.B. NO.	2134
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to campaign contributions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 11-205.5, Hawaii Revised Statutes, is amended to read as follows:

     "§11-205.5  Campaign contributions by state and county contractors[.],subcontractors, and contract bidders.  (a)  It shall be unlawful for the person who enters into any contract with the State, any of its counties, or any department or agency thereof, or any person who is subcontracted under that contract, either for the rendition of personal services, the buying of property, or furnishing any material, supplies, or equipment to the State, any of its counties, department or agency thereof, or for selling any land or building to the State, any of its counties, or any department or agency thereof, if payment for the performance of the contract or payment for material, supplies, equipment, land, property, or building is to be made in whole or in part from funds appropriated by the legislative body, at any time between the execution of the contract through the completion of the contract, to:

     (1)  Directly or indirectly make any contribution or to promise expressly or impliedly to make any contribution to any political party, committee, or candidate or to any person for any political purpose or use; or

     (2)  Knowingly solicit any contribution from any person for any purpose during any period.

(b)  It shall be unlawful, from the time a solicitation is issued under sections 103D-302, 103D-304, 103D-305, 103D-306, and 103D-307 until a contract is entered into, for a person who submits an offer for a solicitation to:

(1) Directly or indirectly make any contribution or to promise expressly or impliedly to make any contribution to any political party, committee, or candidate or to any person for any political purpose or use; or

(2) Knowingly solicit any contribution from any person for any purpose during any period.

     [(b)] (c)  This section does not prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, any separate segregated fund by any state or national bank, corporation, or labor organization for the purpose of influencing the nomination for election or the election of any person to office; provided that the commission shall by rule establish contribution limits for limited liability companies as defined in section 428-101, limited liability partnerships as defined in section 425-101, and limited liability limited partnerships as defined in section 425E-102.  Sole proprietors subject to this section shall comply with applicable campaign contribution limits in section 11-204.

     [(c)] (d)  For purposes of this section, "completion of the contract" means that the parties to the government contract have either terminated the contract prior to completion of performance or fully performed the duties and obligations under the contract, no disputes relating to the performance and payment remain under the contract, and all disputed claims have been adjudicated and are final."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Campaign Contributions; State Contracts

Description:

Makes it unlawful for a person soliciting for a state contract from making campaign contributions and also includes subcontractors to a state contract in the prohibition of campaign contributions to a political party, committee, or candidate.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.